GSDRC

Governance, social development, conflict and humanitarian knowledge services

  • Research
    • Governance
      • Democracy & elections
      • Public sector management
      • Security & justice
      • Service delivery
      • State-society relations
      • Supporting economic development
    • Social Development
      • Gender
      • Inequalities & exclusion
      • Poverty & wellbeing
      • Social protection
    • Conflict
      • Conflict analysis
      • Conflict prevention
      • Conflict response
      • Conflict sensitivity
      • Impacts of conflict
      • Peacebuilding
    • Humanitarian Issues
      • Humanitarian financing
      • Humanitarian response
      • Recovery & reconstruction
      • Refugees/IDPs
      • Risk & resilience
    • Development Pressures
      • Climate change
      • Food security
      • Fragility
      • Migration & diaspora
      • Population growth
      • Urbanisation
    • Approaches
      • Complexity & systems thinking
      • Institutions & social norms
      • Theories of change
      • Results-based approaches
      • Rights-based approaches
      • Thinking & working politically
    • Aid Instruments
      • Budget support & SWAps
      • Capacity building
      • Civil society partnerships
      • Multilateral aid
      • Private sector partnerships
      • Technical assistance
    • Monitoring and evaluation
      • Indicators
      • Learning
      • M&E approaches
  • Services
    • Research Helpdesk
    • Professional development
  • News & commentary
  • Publication types
    • Helpdesk reports
    • Topic guides
    • Conflict analyses
    • Literature reviews
    • Professional development packs
    • Working Papers
    • Webinars
    • Covid-19 evidence summaries
  • Projects
  • About us
    • Staff profiles
    • International partnerships
    • Privacy policy
    • Terms and conditions
    • Contact Us
Home»Document Library»In the Shadow of the Law: Women and Justice Delivery in Zimbabwe

In the Shadow of the Law: Women and Justice Delivery in Zimbabwe

Library
J Stewart, E Sithole, W Ncube
2000

Summary

How do women in Zimbabwe access justice and how does the Zimbabwean justice delivery system meet their needs? These are the questions posed by a book representing the findings from the first stage of a three-year research project on the justice delivery system in Zimbabwe.

A study was conducted by the Zimbabwean team of the Women and Law in Southern Africa Research Trust (WLSA). Research was conducted in the Harare, Mahusekwa, Bingwa, Marondera, Mutare, Zimunya, Gweru, Bulawayo, Filabusi and Gwanda areas of Zimbabwe. The book focuses on women’s experience with ‘family’ law, and on how the justice delivery system deals with civil matters.

Many aspects of Zimbabwean women’s lives are dealt with in the private realm of the family and local community, rather than in the public domain of formal law. Zimbabwean women are, however, increasingly using the courts with full legal capacity and in their own right. As a consequence, in many areas of law (notably maintenance claims and deceased estates) demand outstrips legal resources.

  • The largest number of disputes upon which the family is called to act, concern or involve spouses or conjugal partners.
  • The legitimacy of local courts derives from their community base, and they have traditional or historical links with the people’s past.
  • In urban areas where traditional structures are not available, alternatives are sought in the form of the police or the church.
  • Individuals patch together a mixture of legal and social remedies and seek solutions to their problems wherever they may be found.
  • Traditional courts tend to uphold patriarchal values and favour the legal entitlements of men.
  • The relative economic disadvantage of women means that they often have to accept hearing of their cases at the local court. Transport costs to higher courts and the absence of legal aid are factors in this.

Problems arising from Zimbabwe’s pluralistic justice and legal system contribute to the inaccessibility of the justice delivery system. These problems include the conflict between official law and cultural practices, and the dismissal of customary values within the legal domain. A blending of the components of general law and customary law as they meet the needs of the people seems the logical way forward.

  • The plural reality is that there are gaps in justice delivery, and also in the conceptualising of what is ‘just’ in a given context. Thus the idea of what is acceptable as formal justice is contested.
  • Rather than trying to break down and minimise the influence of family and community spheres, a more feasible strategy would be to incorporate them into the justice patchwork.
  • Embracing the reality of the role of traditional courts would bring these courts within the purview of the formal legal system.
  • Giving formal recognition to the informal counselling mechanisms that exist in bodies like churches and welfare organisations could shape their input. It could, however, also lead to an officially sanctioned backlash against women.
  • Educating women has spread awareness of their legal rights but the positive benefits of this are offset because the institutions of justice are severely under financed and under resourced.

Source

Stewart, J., Sithole, E., Ncube, W., (eds), 2000, 'In the Shadow of the Law: Women and Justice Delivery in Zimbabwe', WLSA

Related Content

Norm diffusion: How global gender norms are adopted in low and middle-income countries
Working Papers
2023
Donor Support for the Human Rights of LGBT+
Helpdesk Report
2021
Interventions to Address Discrimination against LGBTQi Persons
Helpdesk Report
2021
Documentation of survivors of gender-based violence (GBV)
Helpdesk Report
2021

University of Birmingham

Connect with us: Bluesky Linkedin X.com

Outputs supported by DFID are © DFID Crown Copyright 2026; outputs supported by the Australian Government are © Australian Government 2026; and outputs supported by the European Commission are © European Union 2026

We use cookies to remember settings and choices, and to count visitor numbers and usage trends. These cookies do not identify you personally. By using this site you indicate agreement with the use of cookies. For details, click "read more" and see "use of cookies".